Feb. 24, 2013

The black dog is Nellie, who was shot and killed by an off-duty Buncombe County deputy on Feb. 10. / Special to the Citizen-Times

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A Durham man claims a Buncombe County sheriff’s deputy used excessive force when the off-duty officer shot and killed his dog at Catawba Falls in McDowell County.

Deputy Jason Honeycutt has not been charged in the Feb. 10 incident and was not disciplined by his employer. The McDowell County Sheriff’s Office has investigated the case, and the Buncombe County Sheriff’s Office conducted an internal investigation.

“We don’t have any issue with what our officer did,” Lt. Randy Sorrells said. “He was protecting his children.”

The owner of the dog, Scott Schulman, said it was unnecessary to shoot his 45-pound border collie mix. Nellie wouldn’t have harmed Honeycutt or his young children, Schulman said.

Schulman said he will never forget the horrific incident, which happened on a Sunday afternoon. He went hiking with his 25-year-old son and three dogs at Catawba Falls.

They were crossing over a lagoon on a partially submerged tree trunk to start a trek back down the trail, when Schulman stumbled and fell into the water. His left foot was pinned beneath a rock, and Schulman’s son and a couple helped pull him out of the water after a couple of minutes.

Meanwhile, the dogs continued on the trail. Schulman heard them barking and tried to catch up. He said he turned a corner and saw Honeycutt with a gun pointed at Nellie, who was barking and wagging her tail.

“I hear two or three pops, and I see Nellie roll over and hit the ground,” Schulman said. “I was in shock. I couldn’t believe what I saw. I just said, ‘Did you shoot my dog?’ He said something like, ‘You’re damn right I shot your dog.’

“I was just speechless. I tended to Nellie while she died. It was a nightmare.”

Schulman said once he composed himself he asked Honeycutt if his children were OK. The officer told him the children were scared but unharmed.

An incident report states the dog appeared to be aggressive toward children and was shot with a handgun. Honeycutt, 37, of Old Fort, was listed as the victim.

Schulman said he provided a statement to authorities, and a couple who witnessed the incident did the same. That couple encountered the frolicking dogs before the shooting, and they barked at them but weren’t aggressive in any way, Schulman said.

“My main concern is making the citizens aware that this incident occurred because, again, I believe this response by this individual was excessive and disproportionate,” he said. “And I don't want anybody else to have to experience something like this.”